The veteran's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 and accrued benefits were denied as the veteran did not have a pending claim with VA at the time of his death.
The deciding factor: The veteran was granted Total Disability Rating Based on Individual Unemployability (TDIU) in January 1998, which predated his death. The appellant did not have any pending claims when he died and there is no indication that he had a right to receive benefits based on service-connected disabilities.
- Claimed conditions
- gunshot wounds to the right leg, right back and chest, fracture of the right tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2006
- Citation
- 0630057
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0630057.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran's appeal has been withdrawn prior to the Board making a decision.
- Denied
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- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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